Proposed amendments to the Administrative Review Tribunal Rules 2024 – authorisations for registrars and staff

Overview

The Administrative Review Tribunal came into operation on 14 October 2024. A key element of the legislative reforms to establish the tribunal involved enabling registrars and staff to exercise more of the tribunal’s procedural and administrative powers and functions. This would streamline the tribunal’s pre-hearing case management processes and enhance its ability to progress matters before they are heard by a member, enabling members to focus on conducting hearings and making substantive decisions.

Currently, registrars and staff members can be authorised to exercise a wide range of the tribunal’s powers and functions.

The Attorney-General proposes to amend the Administrative Review Tribunal Rules 2024 (ART Rules) to expand the powers and functions that registrars and staff members may be authorised to exercise or perform. They would be authorised to perform additional tribunal powers and functions under the:

• Administrative Review Tribunal Act 2024
• ART Rules
• Migration Act 1958.

The additional powers and functions relate to routine case management or administrative functions that the government considers it would be appropriate for registrars or staff to exercise or perform.

Consultation Documents

• Proposed amendments to the ART Rules – authorisations for registrars and staff consultation paper [PDF 286KB]
• Proposed amendments to the ART Rules – authorisations for registrars and staff consultation paper [DOCX 102KB]

We want to hear from you

We are consulting with members of the public and legal professionals on the proposal to expand the powers and functions that registrars and staff of the tribunal can be authorised to exercise or perform.

Who we want to hear from

This consultation seeks views from any stakeholders interested in the operation of the tribunal. This may include:

• legal assistance providers, legal professional bodies and expert administrative law practitioners
• advocates and peak bodies for relevant subject matters (for example social services, tax, migration, NDIS)
• academics.